THE CONCEPT OF POLITICAL AND TERRORIST OFFENCES IN EXTRADITION MATTERS: A LEGAL PERSPECTIVE

Abstract

The cornerstone in the law of international extradition of fugitives from justice is a policy of cooperation between nations. This cooperation must take into account both the differences in the domestic legal systems and the advancements of technology in areas that directly affect the criminal justice system. In the context of political offences in extradition matters, it must be pointed that there is generally accepted rule which states that political offenders i.e. those who committed criminal offences are not subject to international extradition, which points that they cannot be extradited and judged for committed offences. Political offence exception is a universal principle, is justified by the need for States to remain detached from political conflict and protects the right of States to grant asylum to political refugees. Political offences in some way are connected with terrorist offences: two very important and interesting cases are Abid Naseer v United States of America and Gaforov v Russia which will be analyzed in this paper. The increasing use of terrorism by politically motivated persons has combined with the rapid scientific advances in transportation and communication and present a very real danger to the control and suppression of international crime.